11-10-1977 VC REG-MMINUTES OF REGULAR SESSION
OF THE
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
HELD
THURSDAY, NOVEMBER 10, 1977
Present: M. C. Love, Jr., Mayor
V. A. Marks, Vice Mayor
Al C. Moore, President Pro Tem
William H. Brown, Councilman
Donald J. Kazimir, Councilman
Charles R. OtMeilia, Acting Village Manager
Herbert L. Gildan, Village Attorney
Dolores R. Walker, Village Clerk
Mayor Love called the Regular Session to order at 7:30 ROLL CALL
p.m. All members of the Council were present.
Mayor Love gave the invocation and Vice Mayor Marks led INVOCATION &
the Council and the public in the Pledge of Allegiance - _ PLEDGE OF
to the Flag. ALLEGIANCE
On motion of Vice Mayor Marks, seconded by Councilman - APPROVAL OF
Moore, all present voting aye, the Minutes of Regular MINUTES
Session held Thursday, October 27, 1977 were approved
as written.
Mayor Love read and signed the Proclamation on "One Nation PROCLAMATION
Under GodT' Month - the month of November, 1977. READ & SIGNED
On motion of Councilman Kazimir, seconded by Councilman ACCEPTANCE OF
' Moore, all present voting aye, the following minutes MINUTES
were accepted by the Council:
Minutes of Regular Meeting of North Palm Beach
Country Club Advisory Board held October 18,
1977
Minutes of Regular Meeting of Plannirig Commission
held November 1, 1977
On motion o£ Councilman Brown, seconded by Vice Mayor BILL 283
Marks, all present voting aye, Bill No. 283 entitled: PLACED ON
1ST READING
AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, AMENDING SECTION 41-19 (8) (a) & (b) OF
THE VILLAGE OF NORTH PALM BEACH CODE BY EXTENDING
RESTRICTIONS ON LANDSCAPE BARRIERS TO VISIBILITY
AT INTERSECTION OF PUBLIC STREETS FROM COMMERCIAL
ZONES TO ALL AREAS WITHIN THE VILLAGE OF NORTH
PALM BEACH
was placed on first reading and read by title alone.
On motion of Councilman Kazimir, seconded by Councilman BIZL-284
Brown, all present voting aye, Bill No. 284 entitled: PI.~CED ON
' 1ST READING
AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, ADJUSTING THE LIABILITY DUE TO THE
GENERAL FUND FROM THE FEDERAL REVENUE SHARING
FUND
was placed on first reading and read by title alone.
Minutes of Regular Session'
Held Thursday, November 10, 1977 --
Page 2
On motion of Vice Mayor Marks, seconded by Councilman RES. 46-77
Kazimir, all present voting aye, proposed Resolution ADOPTED
No. 46-77 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL, OP` NORTH PALM
BEACH, FLORIDA, SUPPORTING A COMMUNITY PERFORMING
ARTS CENTER AT PALM BEACH JUNIOR COLLEGE
was read in full and adopted as read as Resolution No.
46-77.
On motion of Councilman Brown, seconded by Councilman RES. 47-77
Moore, all present voting aye, proposed Resolution ADOPTED
No. 47-77 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM
BEACH, FLORIDA, ACCEPTING THE ANNUAL CONTRACTS LET
BY PALM BEACH COUNTY FOR VARIOUS PUBLIC WORKS
MATERIALS
was read in full and adopted as read as Resolution No.
47-77.
On motion of Councilman Kazimir, seconded by Vice Mayor RES. 48-77
Marks, all present voting aye, proposed Resolution No. ADOPTED
48-77 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM
BEACH, FLORIDA, ACCEPTING THE BID OF CIMMARRON
MARINE FOR A PATROL BOAT LN THE AMOUNT OF $4,500.00 -
' FROM ACCOUNT N0. 12-401.2
was read in full and adopted as read as Resolution No.
48-77.
On motion of Councilman Brown, seconded by Councilman RES. 49-77
Kazimir, all present voting aye, proposed Resolution ADOPTED
No. 49-77 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE
OF NORTH PALM BEACH, FLORIDA, DETERMINING TO EXPLORE
THE ACQUISITION OF THE WATER AND SEWER FACILITIES OF
PALM BEACH COUNTY UTILITIES COMPANY IN CONCERT WITH
THE CITY OF PALM BEACH GARDENS AND THE TOWN OF LAKE
PARK
was read in full and adopted as read as Resolution No.
49-77.
On motion of Councilman-Moore, seconded by Councilman RES. 50-77
Kazimir, all present voting aye, proposed Resolution ADOPTED
No. 50-77 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF-NORTH PALM
' BEACH, FLORIDA, APPROVING THE PURCHASE OF VARIOUS
ITEMS FROM STATE BIDS, FLORIDA STATE CONTRACT N0.
76-`F.39, IN THE AMOUNT OF $2,862.00 TO BE EXPENDED
AS FOLLOWS: $2,228.00 FROM ACCOUNT N0. 12-408 _
AND $634.00 FROM ACCOUNT NO. 11-408
was read in full and adopted as read as Resolution No.
50-77.
Minutes of Regular Session
Held Thursday, November 10, 1977
Page 3
1
Councilman Kazimir moved that we approve the contract be-
tween Pav1 Scollan and the Village of North Palm Beach
for entertainment at the North Palm Beach Country Club
for the period November 3, 1977 through April 14, 1978
and authorize the Mayor to execute said contract. The
motion was seconded by Councilman Brown and all present
voted aye.
was second-
Vice Mayor Marks moved that cve approve payment of $1,500.00 APPROVAL OF
to Municipal Code Corporation for codification of the PAYMENT TO
Village Code to be expended from Account No. 01-245. The MUNICIPAL
motion was seconded by Councilman Kazimir and all present CODE CORP.
voted aye.
Councilman Kazimir moved that we authorize the Mayor to
execute the Inter-Local Agreement between the Village of
North Palm Beach and Palm Beach County, lending Village
population to the County for the purpose of its designa -
tion as an Urban County. The motion was seconded by
Councilman Brown and passed 3-2, with Vice Mayor Marks
and Councilman Moore opposed.
Vice Mayor Marks moved that we
of gasoline in accordance with
from Gulf Oil Corporation (copy
to the minutes of this meeting).
ed by Councilman Moore and all pre
CONTRACT WITH
P.-SCOLLAN
EXECUTED
AUTHORIZATION
TO EXECUTE
INTER-LOCAL
AGREEMENT
WITH PALM
BEACH COUNTY
AUTHORIZATION
_ TO PURCHASE
GASOLINE FROM
____- GULF OIL CORP.
aye. __
Councilman Moore moved that we rescind the North Palm NPBCC MEMBER-
Beach Country Club memberships for department heads and SHIPS FOR
return the money in each departmental-account to the DEPT. HEADS
general fund account. The motion was seconded by RESCINDED
Councilman Brown and passed 4-1, with Mayor Love _
opposed.
Councilman Brown moved that we adopt the fiscal year MOTION TO
method and make that the payroll policy of the Village. _ ADOPT FISCAL
The motion was seconded by Councilman Moore. YEAR PAYROLL
METHOD
Councilman Brown moved to amend the motion by stipu-
lating that the payroll policy be written in the form
of a (memorialized) resolution. The motion was seconded
by Councilman Moore and passed 4-1, with Councilman Kazimir
opposed.
Thereafter Council voted on the main motion which passed
4-1, with Councilman Kazimir opposed.
Councilman Brown moved that we cancel the Council's
Regular and Workshop Sessions of November 24, 1977 '
(Thanksgiving Day). The motion was seconded by Vice
Mayor Marks and all present voted aye.
Councilman Kazimir moved that we add the 1S% gratuity
charge to all food and beverage checks at the North
Palm Beach Country Club. The motion was seconded by
Vice Mayor Marks and passed 3-2, with Councilman Moore
and Councilman Brown opposed..
authorize the purchase
that certain agreement
of which is attached
The motion
sent voted.
MOTION
AMENDED
MAIN MOTION
PASSED 4-1
NOVEMBER 24
REG. & W.S.
SESSIONS CAN-
CELLED
15% GRATUITY
AT NPBCC
Minutes of Regular Session
Held Thursday, November 10, 1977
Page 4
Vice Mayor Marks moved that we approve the MGA, WGA,
Businessmen and Mixed Events that are scheduled at
the North Palm Beach Country Club and send the list of
the balance of the proposed tournaments. back to the
Country Club Advisory Board for their recommendation.
The motion was seconded by Councilman Brown and all
present voted aye.
Councilman Brown moved that we make the electric cart
fees that now apply for residents apply to_-residents
and all club members. The motion was seconded.. by
Vice Mayor Marks and all present voted aye.
Councilman Brown moved that we establish junior rates
for golf on the same percentage of adult rates-as they
are for tennis. The motion died for lack of a second.
APPROVAL OF
TOURNAMENTS
AT NPBCC ___
ELECTRIC CART
FEES
MOTION DIED
FOR LACK OF A
SECOND
Councilman Moore moved that we send this back to the RECOMMENDATION
Country Club Advisory Board to ask for their recom- - OF CC AD. BD.
mendation of junior rates for all activities at the RE JUNIOR
North Palm Beach Country Club. The motion was seconded RATES
by Councilman Brown and all present voted aye.
Councilman Brown moved that we do not have arty house MOTION RE
guest fees different from any other non-member fees HOUSE GUEST
at the North Palm Beach Country Club. The motion was FEES AT NPBCC
seconded by Councilman Moore and all present voted aye.
Vice Mayor Marks moved that we appoint Mr. Charles R. C. OTMEIS,IA
OTMeilia to the Planning Technical Advisory Committee APPOINTED TO
(of the Local Comprehensive Planning Act). The motion TECH. AD.
was seconded by Councilman Moore and all present voted COMM.
aye.
Vice Mayor Marks moved that we place Item 6 (c) of the W. S. ITEM
workshop agenda (Plat of Palm Beach-Lake Worth Estates PLACED ON
No. 2) on the regular agenda at this time. The motion REG. AGENDA
was seconded by Councilman Brown and passed 3-2, with
Councilman Kazimir and Councilman Moore opposed.
The meeting was recessed at 9:15 p.m. and was recon- RECESS
vened at 9:25 p.m.
Vice Mayor Marks moved that we grant preliminary approval PRELIMINARY
of the Plat No. 2 of Palm Beach-Lake Worth Estates, as APPROVAL OF
prepared by Robert E. Owens and Associates and presented PT~AT N0. 2 -
to the Village Council this evening, with the following con- PALM BEACH
ditions attached to this preliminary approval. First, LAKE WORTH
that prior to final approval the southernmost finger of ESTATES
the proposed platted area would be changed from Zoning
District R2 to Zoning District R1 and the entire property
shown on the preliminary plat as Lots A, B, C and D would
be put in Zoning District CB, which would be established
as a new commercial zoning district in accordance-with the
outline in the minutes of the Planning Commission Meeting
dated November 7, 1977, and further conditioned upon the
Village receiving the cash value of 2.3 acres of land in the
proposed plat area to satisfy the 5% park and recreation --
platting requirement,and finally conditioned upon the Village
being granted an option to purchase ten acres of land off _
Prosperity Farms Road owned by the developer, with the
C+ 3-
Minutes of Regular Session
Held Thursday, November 10, 1977
Page 5
price of the option to be in the relationship to the cash
payment for the 2.3 acres, the figure to be that chosen
by the Village appraiser and not that chosen by the develop-
erTs appraiser, if the appraisals are not in like proportion.
The motion was seconded by Councilman Brown and passed 4-1,
with Councilman Moore opposed.
There being no further business to come before the Council, ADJOURNMENT
on motion of Vice Mayor Marks, seconded by Councilman Moore,
all present voting aye, the meeting was adjourned at 10:10
p.m.
~~~
Minutes recorded by:~ Dolores R. Walker, Village Clerk
•~ J • '
•P. - ~7 _ ~~77~~
C~3~D~1' ~IIU Qocn.~C,°~c~ InL~°Uo~o
FLORIDA DISTRICT OFFICE
7. G. Watarop '
SALCL MAMAOER
J. E. KIltrall
RLTAIL SALCS DIRLCTOR
D. 6. Evans
INDULiRIA1 COMMERCIAL
L IUMINAL SALCS DIR(L}OR .
RIDER - C171d5UifE[t ACCS?IJA'TS
Annexed to and forming part of CORRAC~ OF S.~
between GULF OIL CORPORATION, Seller, and
VILLAGE.OF NORTH PAIN BEACH ,Purchaser,
Dated SEPTEGI6ER 22 , 197 7
P. O. BOx Y5967
Ortantlo, Ft 3281}
Each party to this agreement understands that stringent regulations of the
Environmental Protection Agency (Title 40, Code of Federal Regulations, Part
SO) require that e~here gasoline is marketed as "unleaded gasoline" such
gasoline will not contain rrbre than 0.05 grams of lead per gallon at the con-
sumer level and that such regulations may lead to imnositi'on of substantial..
penalties on various persons whenever violations occur. Specifications far
Seller's "Gulfcrest" qualify it as such azl unleaded gasoline. It is iuidersta~d
that if Purchaser dispenses Seller's unleaded gasoline, Purchaser will assure
to the maxinnun extent practicable that while such product is in the Purchaser's
custody and control, lead content of such gasoline will not exceed .OS grans
per gallon.
T14I1;VESSES:
J
~_~~~
~~ MAIItl:C ADDRESS:
~~7
5A01 RIRRNAN ROAD
A DWISI ON 0I GULr OIL CORPORATION ORLANDO, fL 3?RDS
C~JLF OIL CORPO?LATIO.~T
~,1-.~ .__...~
' Seller
~~"~~~'
Purchaser ~_
MAYOR
November 10, 1977
+~.z
>>
®C~O~} DOSd QOCPpCOG'Q{~SOG]
Septesber 22, 1977
QUOTATION AND CONTRACT OF SALE
~~'.
s`~ ~ ~ `u~
~~~~
r
GULF OIL CORPORATION, acting through Gulf Oil Company - U.S., a Division of Gulf Oil
Corporation, hereinafter called "Seller", quotes as follows, subject to the terms and conditions stated
below and on the reverse hereof.
To: Village of North Palm Beach
645 Prosperity Farm Road
North Palm Beach, Florida 33403
hereinafter called Purchaser, for use in. Purchaser's plants at:
Nortkx Palm Beach, Florida
b4ethod of
Products Quantity Delivery
Prke or Price Basis
Total all Graces
64,822 gals.
No Nox-Gasoline
Goocl Gulf Gasoline TT ~ .3769 per gal. Eff. 9/22/77
G1z].fcrest Gasoline Tr
TP $
$ .3569 per gal.
3819 Eff. 9/22/77
Gulfcrest Gasoline
T41
m .
per gal.
3<368
- Eff. 9/22/77
No Nox Gasoline
TN .a
$ .
per
gal.
4003 Eff. 9/22/77
Good Gulf Gasoline
TN
~ .
per gal.
3718 Elf. 9/22/77
.
per gal.. I;ff. 9/22/77
PIFLV4F. SIT TFPt, ATI'ACi~~ RTIIT~ Ai~D
,. V ONE COPY_17IfirI TIIIS OJNPP,AG'P .
Peciod:.. '.. 10%l/?7 thru 9/.30/78• • • • Reasonable notice of required delivery shall be
given Seller at .'West Palm Beach .and Port Everglades,- Florida- • ~ • - - - • - - • - • - -
Net 30 days
Terms of Payment :..... .... ............................ _ ........... .
Acceptance: This offer shall expire at dose of business .. '... •OetgbeP •22, 1977,- .... _ • _ _ •
unless accepted by Purchaser by that time or extended in writirig by Seller.
This instrument contains each and every agreement and understanding existing between the parties
relating to the subject matter of this contract, and no amendments or alterations thereto shall have any
effect unless made in writing and properly signed by authorized representative of Purchaser and Seller.
The above quotation is accepted and contract shall be effective as of date shown below.
GiILP OIL CORPORATION
name Tit[e:... DTRF,C'~It -. T~ SAi FS . .
Gulf Oif Company - U.S., •
_ MAYOR _ _ _ _ .. _ _ _ , , , , _ a Division of Gulf Oil Corporation
title
P.. O. BOn 16967; O?T~iiVm,• FLaRII1A• •32801
address of Gulf office
• ,November, 10, • 1977 _ • . • .. - • • • -
date
r _. - -
. -- ~•
,• - ' • ~• ; .:'. `.: :-,: ,CONDITIONS..., - '
1.. PRICES - Nofwitlistanding any other provision contahied herein, SELLER reserves the right, at any,- `
time, without notice. to PURCHASER to increase iinntediately the. prices for the products covered by ' '
this agreement, and PURCHASED. agrees to pay such increased prices- ' - '- ~ _, ,. :.
This contract is subject to caitceilation by ,either party upon thirty-days written' notice~'to'the other' _-
• party.. Under no circumstances-will SELLER be obligated to supply PURCIiASER,beyond.the,thjrf}-day:
. .` notice period 'in the evcnt.PURCHASER cancels this agreement."`'` `~~ ', >-'=:°-. ==== :- 1-=---~~ -:- .
- 2.' . TA~CES - In addition to quoted paces; PURCHASED~st7all pay'SE~LL)rR the amcitnt,of any;apd all ::
•.••tares,now or hereafter assessed or imposed'by any blunicipaI, State .or United States Government on #he. ;: '_'
prodiiirts.'or contract covered by or resulting from this quotatron,':or t3ie,manufacture, ~use.or sale ~of said ".•:.'~~_-
- .•- ,products; utiiess. PURCtIAS~R ~Ixa11. be' entitled .by law to an exemption' from said fax•and• shall :furnish : ~~ ~ '
• seller with proper exemption certificate when shipping instmctions-are given.,' •- _' ., ,<. '~
;3.:; SHFPb~ENTS=;- Ctaims regarding'shortage_m quantity. shall be ~,nade at The time of delivery Any.c_laims f
.; regarding 'variance in quality, of products delivered by:SELLEItshall beanade within `fifteen (15) days;-: ~`--.`
• a er.date 'of delivery.'. - - - , a., _: • •,•:-
Should- tran'sporkatton.-equipment furnished by .the SELLER be m bad: order or lealung the
- $URC~T.ASER, st~gli notify the carraer and secure examination. by the.autnonzed agent' of tk~e btrfier as
`~' ko tHe;~oh8it~oq;of the:egiiipmenfbel'aresa~ne is .unloaded-:. _;; _ ; ,~•~ ~_~; ;
•,~, ~ It is'understaod t7}at .ui; xhe event o~ an}, claims' assertetI by' the j?~JRCEIASER hereundzy- theSELLEI2
~,.~ ,sFi~II' be, gtven.an d#ipo}tiimty 'to' promptly'.inspecE the pzodticts_ or goods delivered•atTd fai(ute ~of.th4 "=~
:. , Pi3RCHliSEl~jfo colnnlj~ wrth;thesa requi~ernenfs 31ia11 op'erafe..as:a.waiver of any arid,all clauiis.B,y tlie:
'4.= ~ LIA$ILI").'Y..-'When Shipmegt is, made by public i;amer and, sale as f a,b_ slup~ing po~ri# tltlc,,and -i-{sl, of •
• - ~• loss•shaIi pass.froin SELLEP.-to-E~Ul~CHASER'when loading h1s beep cflmpteted; 1L'.hera sale is made_on '
• a delivered price basis'in SELLERS.eq}iipmenY•`.or wiien~freight is~prepaid by SELLER,-tit}e shall pass to.,-''~
- •~. PURCHf1.SER upon an-ival of shipment`at%'I¢estiriatfori'specifed`in PURCHASER'S order. ~ -• - -
' ~-5:• DELI'L'ERIES .DELAYED OR PREYENTED•~-'PURCTIASER rind -SELLER shall lie absolved from #heir' • `
` respective obligations, •to•-deliver' o} accept ,:delivery of products under flits quafatian when and ~to the';-• Y; •
. extent that perfonnhrice the~eo( is delayed or'prevented b}' any capse rzasonaply:beypnd'the control of.._ _
PURCHASER or SEL7.ER. If.'Si;L,LER believes: in its, reasonatite opinion. ther~~ma~ be~a shorta~e'of
• ~supply~and~that SEL~ER~is o'r may be•unable to meet.,~ts o'ali;ations to its customers; SELLER rrtay '
' allgcate ..among such' .cirstoiners its' available supply' in. such reasonable manner as'it may determine.;"
,'••~•SELL1dR:`sl>aII no#.•be;;required, Yo..malce tip;,~deliveries _onitted due to_ . any. of 'the causes. referred to
• •hereirt, .arid the tbfal quantity` r`egiiired .under this' gtiotation.ahall be reduced bg%'ttre ainount',not ~ -
,delivered,, computed on the basis of the average monthly quantity.' ~ _ -
• ' 6: :'Unless otherwise specified all shipments are~to be made.in apprpximately.equal monthly quantities:., •! '
7.: i~If shipped in retumat~le dnms;- depbsit~ charge shall be made as indicated in .this quotation, and ~credit•"' .",•
:. ',:for deposit'shall tie •altowed,if'empty dorms'are.retuined within, a reasonable Lima in good condition to:' `_
• ~ the.proper GulPtenninal or bulk plant ~ - ~ -• '
8. ' All credit terms are.subjzct,ta the 'app'roval.. of SELLER'6. Credit Department,' and 'shall.be'subject to• _
. .
;:_charige•..Erom time-to-time uponnotice of same.. ' •: - -
.. -
,,. ..
-• ~ •
~9. • ,NOTICES-Any, nofic'e~fo•be given ~hereimder'shall.be~in writing gird shall b'e•deem.°d to have baen.duly'':.'•• •~
givep if 'and when deposited `.in ,theUnited States mail, properiy'sfampad and ,addressed to the party ..for'
whom intended at the address 'of• such. party Herein specified, ar when 'delivered personally ~.to• suck
address.: - ' - ~ -